Republic v.

Capote

GR 157043, February 2, 2007

Corona, J.:

Facts:

On Spetmebr 9, 1998 Trinidad R.A. Capote filed a petition for the change of the name of her
ward, from Giovanni N. Gallamaso to Giovanni Nadores; finding the petition to be sufficient in form and
substance, the court gave due course to the petition; and since there was no opposition to the petition,
Trinidad moved for leave to present her evidence ex parte, after the reception of evidence, the trial
court rendered a decision ordering the change of name from Giovanni N. Gallamaso to Giovanni
Nadores.

Republic of the Philippines, through the OSG filed an appeal of error, Finding that the
proceeding were sufficiently adversarial in nature, The Court of Appeals affirmed the RTC’s decision in
ordering the change of name.

Hence this petition.

Issues:

1. (CIVIL) Whether or not the Court of Appeals erred in affirming the decision of the Regional Trail
Court?

Ruling:

1. No. The law and the facts are in favor of Giovanni. He availed of the proper remedy, a petition to
change his name under Rule 103 of the Rules of Court, and complied with all the requirements as ked of
him, the court found that the evidence was sufficiently established, under Art 176 of the Civil Code,
Giovanni is entitled to change his name as he was never recognized by his father, while his mother did.

Dispostion:

In its decision dated February 2, 2007 the court denies the petition filed and affirms the decision of the
Court of Appeals dated January 13, 2003.

Quick Digest: